Cambridge Light Blue Law Spring 2019

light blue law Issue 84 Spring 2019

The Cambridgeshire and District Law Society Newsletter

Annual Gala Dinner and Legal Excellence Awards 2019

CDLS C/O Ashtons Legal, Chequers House, 77-81 Newmarket Road, Cambridge CB5 8EU. Telephone: 07846 093035 Email us: admin@cambslaw.com Tweet us: @cambslawsoc Join our LinkedIn group Cambridgeshire & District Law Society Facebook @cambslawsoc | Instagram @ cambslawsoc

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light blue law

CONTENTS

The Cambridgeshire and District Law Society Newsletter

5

President’s Page

5

Information and Events Diary

6

SRA – Money Laundering – We all need to stay vigilant

7

The Law Society – Spotlight on the public affairs team

8

Report from Council member – Michael Frape

9

Rathbones – Don’t blame the young

10 Spotlight Feature – Simon Davis – Law Society Vice President 10

Who’s Who – Ellen Cole

11

Skill to succeed – Barclays Corporate

13

CJLD and CYPG reports

Registered Charity number 264221

14/15 Annual Gala Dinner & Legal Excellence Awards 2019 Report – Chris Claxton-Shirley 16

he professional’s guide to finding talent in the legal T sector – Nelson Chambers

17 Birth injuries, paternal depression and secondary victim claims - ARAG 20

ey characteristics of highly successful Law firms K - Ensors

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e are a UK charity providing a fantastic selection of high-quality audiobooks to some 50,000 people across the UK who find it difficult or impossible to read due to an illness, disability, learning or mental health difficulty. We charge a membership fee to only half of our members- those who feel they can make some contribution and that is heavily subsidised. The other half need to be fully funded. Listening Books receives no central government funding whatsoever and very little local government funding. The reality is that Listening Books simply could not survive without the generous support of sponsors and the active co-operation of publishers.

Whether you have already written your will or are thinking about writing one in the near future, we ask that you consider leaving a legacy to Listening Books. Your legacy will make a vital difference to the lives of our members for years to come.

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Legal Notice © East Park Communications Ltd. None of the editorial and photographs may be reproduced without prior written permission from the publishers. East Park Communications Ltd and CDLS would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of East Park Communications Ltd. or CDLS. Correct at time of going to press.

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President’s Page Michael Frape President CDLS

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efore setting out my thoughts on the future, I would like to thank Past-President Karl Dembicki for all his hard work over the past year including making changes to how we are organised so that CDLS was put on a proper and sustainable footing for the future.

The critical change was the recruitment of our excellent Administrator Penny Harrington. A number of committee members have stood down after years of service. I would like to mention in particular for special praise and thank Past-Presidents Will Cowell and Grace Brass for all their contributions to CDLS.

Listening to our Members It is the mission of CDLS to deliver real value to all our members whether you are a sole practitioner or our largest member firm in Cambridge. Identifying what “value” means is not something which the committee is going to determine on our own, although we have some (hopefully) good ideas. We are going to listen to our member firms and find out what you want. By all means contact us with any ideas you have via Penny.

The listening exercise will take several months, but it will be a worthwhile exercise

It is an honour for me to become the President of your local Law Society, and I hope to repay that honour by working with your diligent and able committee to deliver real value to you and our member firms. because at the end of it we will have as clear an idea as is practicable of what you actually want from CDLS. We will then do our best to deliver what you want.

Your Legal Community We have a strong and diverse legal community in and around, but especially in, Cambridge. It is growing too, with new firms arriving every year and established firms growing strongly. This is not a surprise considering the huge amount of economic growth experienced in Cambridge over the last 30 years. And the economic outlook remains extremely favourable for Cambridge, BREXIT notwithstanding. The arrival of AstraZeneca’s global HQ in Cambridge being the latest evidence of a justified confidence in the future. Cambridge truly is a boom town!

objective over the coming months.

Annual Dinner and Legal Excellence Awards We were delighted by the success of this year’s annual dinner, which was held in March at Trinity Hall. It was a memorable evening celebrating the outstanding legal talent in and around Cambridge. Many thanks to Ian Mather for chairing the Awards Committee.

We will build on that success by expanding and refreshing the Awards categories and moving to the best venue in Cambridge for such an event, King’s College Great Hall. Some of the winners have passported to the National Legal Excellence Awards and we wish them well with that. If you haven’t seen it already, take a look at the video of the dinner on our LinkedIn page.

Homes for Homeless The legal sector will continue to grow with the business sector. CDLS is determined to play its part in helping our members make the most of those opportunities by helping to build a more connected legal community, which is recognised for delivering excellent legal services to its clients. The committee will be working on how to deliver that

I am delighted that CDLS has decided to partner with a charity set up by retired solicitor Julian Landy which aims to help homeless people transition from the streets to bricks and mortar. I am sure we all agree that the rough sleeping community is a blight on this proud city and we should do our bit in trying to find an answer to this terrible situation.

INFORMATION Officers

Karl Dembicki Buckles

EVENTS 2019

President

Oli Worth Birketts

September

Rebecca Austin Hewitsons

Newly-Qualified Celebration Details to follow

Richard Lane Thomson Webb & Corfield

October

Michael Frape, Ashtons Legal Vice - President Phoebe Osborne, Ashtons Legal

Trainee Solicitor Welcome Details to follow

Administrator

Meetings - Committee

Penelope Harrington CDLS

Wednesday 10th July 2019 5.30pm Start

Wednesday 9th October 2019

Committee Members Christopher Claxton-Shirley Tees Law Ellen Cole Greenwoods GRM James Marsh Tees Law

5.30pm Start

Wednesday 8th January 2020 5.30pm Start

November Cambridge Law Lecture David Greene – DVP, The Law Society Details to follow

Friday 20th March 2020 Annual Gala Dinner & Annual Legal Excellence Awards King’s College, Great Hall King's Parade Cambridge CB2 1ST Details to follow www.cambslawsoc.co.uk | 5

Money laundering – we all need to stay vigilant assets and wealth, operate across multiple jurisdictions and avoid tax or duties.

Anna Bradley SRA Chair of the Board

Hello again, Cambridge & District, and thank you once more for the opportunity to write for you.

O

ne of my priorities is to make sure that the high standards we all expect from English and Welsh solicitors are maintained.

Part of this drive to maintain standards includes working hard to keep money laundering out of law firms.

Money laundering is not a victimless crime - it can facilitate terrorism, people trafficking and drug smuggling. As highlighted in the Government’s recent Flag It Up campaign, we all have to play our part to tackle it. Donald Toon from the National Crime Agency told delegates at one of our conferences that solicitors were on the front line in the war against money laundering. He did not just mean big city, magic circle firms – criminals can and do target smaller and mid-sized firms, and those in rural areas.

One of the key areas of your work that criminals can target is the creation and administration of trusts and companies (TCSPs). This area is attractive to money launderers because individuals can obscure the beneficial ownership and control of

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In response to this we recently conducted a review involving 60 law firms that carry out TCSP work. As well as reviewing 115 files, we looked at each firm’s compliance with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017).

While we found no evidence of actual money laundering, we did find that failing to adhere to the 2017 regulations and poor training was leaving a significant number of firms at risk of unwittingly assisting money launders.

Areas where we had particular concerns included risk assessment – where too many firms’ approach was inadequate - file risk assessments and the overall adequacy and availability of policies, controls and procedures.

Such were our concerns that nearly half (26) of all the firms we reviewed have been referred through to our disciplinary teams for further investigation.

On the back of our review, we have published a warning notice highlighting our concerns, particularly in relation to firms’ risk assessments.

Where we find non-compliance, we will judge each case on its facts, but if we encounter serious issues or a lack of willingness to resolve issues promptly, we

will take strong action. We have also set up a new dedicated AML team in the SRA, with increased resource to monitor and ensure compliance in this area. Anyone who falls short of our expectations should expect to enter our enforcement process.

In the last five years, we have taken more than 60 cases linked to potential improper money movements to the Solicitors Disciplinary Tribunal. These cases have seen more than 40 solicitors being struck off, voluntarily coming off the roll, or suspended from practising.

We currently have a further 190 live investigations into law firms linked to money laundering issues. Approximately threequarters of these include potential breaches of the money laundering regulations or the Proceeds of Crime Act 2002.

Of course, we all want to work together to stamp out money laundering and to avoid the need for any regulatory action. To help you to do everything possible to prevent your business from becoming a target for money launderers, we have published a package of support on our website designed to help you understand both your obligations and best practice examples of what you could be doing to protect yourself.

Any law firm, anywhere, can potentially be targeted by these criminals, and we all have a part to play in safe guarding society. We are playing our part and I would urge you to make sure you and your firm are playing yours.

Spotlight on the Public Affairs Team Cath Carter Relationship Management Executive North of England

This month we put the spotlight on the Law Society’s Public Affairs team.

I

a constant process of improvement, and we’re always keen to hear feedback from members.

caught up with their new Director, Paul Wilson, who explained a bit about his new role, what the Westminster team does and how it can help local law societies.

As a starter I asked Paul to sum up the team in three words. He said ‘Influencing for impact’ He goes onto explain further.

The Westminster public affairs team lobbies the UK Government and Parliament on behalf of the profession. The Law Society recently launched a campaign on criminal justice, which is an example of the work they do (https://www.lawsociety.org.uk/policycampaigns/campaigns/criminal-justice/). We recently launched a petition for members to be able to show their support for the campaign here (https://lawsociety.e-activist. com/page/38338/petition/1).

The overall aim of the team is to highlight problems to decision-makers and propose realistic solutions that work for members and for the public. The nine strong team include: • Alexandra Cardenas - Head of Public Affairs and Campaigns • Rebecca Goshawk - Public Affairs Manager • Vicki Butler - Campaigns Manager • Emily Cooper - Project Manager (women in law symposium) • Lauren Thornton - Project Co-ordinator • Miki Bhalla - Public Affairs Adviser • Joe Ferreira - Public Affairs Adviser • Hugo Forshaw - Public Affairs Adviser • Sam Lamont - Public Affairs Adviser Paul in his new role has responsibility for the Law Society’s Welsh Office, which delivers the Law Society’s activities in Wales. The team works with the Welsh Government, the National Assembly for Wales and legal and business communities across Wales as well as working on the developing law of Wales. There is a Commission on Justice ongoing now, on which the Law Society has spent a great deal

Paul Wilson Director, Law Society’s Public Affairs

of time in ensuring that members’ views are heard.

Also, the International Team and Brussels Office. The international team supports members who are either based in other jurisdictions or looking to expand their operations there, as well as promoting the rule of law internationally. The Brussels Office is, unsurprisingly, focused heavily on Brexit at the moment, on which the Law Society has done a huge amount. If you haven’t seen it, have a look at our website which provides clear and comprehensive guidance to help legal firms and solicitors prepare for the eventuality that the UK leaves the European Union without a deal. (https://www.lawsociety.org.uk/supportservices/brexit-and-the-legal-sector/).

I asked him how his team fits into the wider Law Society structure and how it can help local law societies? His directorate sits in the same bit of the organisation as the policy directorate and the communications directorate. He said, we work very closely together to ensure that we are influencing to achieve the policy goals which are of greatest importance to the members, then communicating this both to decision-makers and to members in a coherent way. This is

In terms of helping local law societies, there are some great resources on the Law Society website. The campaigns section gives local law societies tools they can use when lobbying decision-makers.

Wherever possible, the team try and get the wider profession to support Law Society campaigns. Recently the Law Society lobbied against an increase in probate fees, which was supported by over 2,500 people writing to their local MP to raise concerns about the proposals (https://www.lawsociety.org.uk/ news/stories/take-action-against-probatestealth-tax/)That shows the value of the Law Society working in partnership with local law societies and the profession more widely.

I asked him what words of advice he would give to local law societies to help them with their own lobbying?

He said, when it comes to influencing, keep it simple. Whether you are looking to persuade the Solicitors Regulation Authority or the Government to make a policy change, the most effective way is to present a simple problem and a simple solution. That way, it’s far more likely to be taken on board.

Finally, on a lighter note, I asked him If he had to liken his team to an animal – what would it be and why? Describing this question as the hardest on the list, he said a dog. One of the nice ones, not one of the scary, bitey ones.

He believes the team approach every problem and challenge with huge enthusiasm and energy. When you’re trying to persuade Government or Parliament to change course, sometimes you’ll be successful, and other times you won’t, often for reasons outside your control. But if you don’t start each new piece of work with the same levels of enthusiasm and belief, then you’ve got no chance. www.cambslawsoc.co.uk | 7

Update from Chancery Lane Michael Frape President CDLS Law Society Council Member for Cambridgeshire and Bedfordshire

The first member of an ethnic minority to become Law Society President in 2021-2022 I am delighted to confirm (if you missed it) that Council Member Stephanie Boyce has been elected to the role of Deputy VicePresident of the Law Society. This means that in the Presidential year 2021 to 2022, the Law Society will have its sixth woman President and first President drawn from the BAME legal community.

This is wonderful news for many reasons, not least that it is just reward to Stephanie for the many years of diligent hard work in serving the Law Society in many different roles. It also demonstrates that the Law Society is moving with the times and becoming more representative of a profession the majority of whose members are female and which is increasingly ethnically diverse.

I wish Stephanie all the very best for the next three years as she progresses from Deputy Vice-President, to Vice-President and then to President. I am sure she will do an outstanding job throughout.

LASPO 2012 and the Rule of Law The Legal Aid, Sentencing and Punishment of Offenders Act 2012 was brought in by the Coalition Government as part of its “austerity” measures. It’s aim was to reform the civil and criminal justice system and also reduce the Ministry of Justice’s budget.

The latter objective was achieved in various ways, but principally by closing courts, spending less money on their upkeep, and reducing the Government’s Legal Aid bill.

In terms of changes to the Legal Aid system, this meant the withdrawal of financial support for most cases involving housing, welfare, medical negligence, employment, debt and immigration and a reduction in the amount lawyers were paid for Legal Aid work. Insofar as Legal Aid remained available, the barriers to obtaining public funding were made more difficult to overcome. You may remember solicitors and barristers going on strike in protest to the changes which would inevitably reduce access to justice.

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It would appear that many of us have grown complacent about the rule of law and its fundamental importance within a well-functioning liberal democracy.

threat. If we don’t pull ourselves together and start sorting things out the route we are going down will lead to a breakdown of the rule of law.” We should heed the words of the distinguished retired Judge.

It would appear that many of us have grown complacent about the rule of law and its fundamental importance within a well-functioning liberal democracy. The rule of law is one of the twin pillars supporting a civilised society, the other being democracy.

There is little doubt that democracy is in crisis. If, as seems certain, the rule of law is also under threat, where does that leave us all as we face the multifarious uncertainties and risks that the rise of populism and BREXIT will mean to each and every one of us, but especially the most disadvantaged members of our communities?

In 2013, Lord Neuberger (as President of the Supreme Court) warned that the Government’s reforms undermined the rule of law, because of the reduced availability of Legal Aid. This would mean that legal THE CAMBRIDGE KNEE CLINIC representation would become unaffordable The Clinic is dedicated to the care of to a much larger knee problems in adults and children, proportion of the sportsmen and sportswomen. population than previously. The inevitable outcome would be that an CARTILAGE SURGERY individual with a viable LIGAMENT RECONSTRUCTION claim (or defence) (ACL, PCL) would either abandon KNEE REPLACEMENT it (a denial of justice) (PARTIAL, TOTAL) or go to court as a OSTEOTOMY litigant in person (an unacceptably poor outcome).

Fast forward to last week and Lord Neuberger (now retired and able to speak more candidly) returned to this theme on Radio 4’s Today Programme. He stated: “I have little doubt that unless we change direction the rule of law will become seriously under

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Don’t blame the young Mark Winchester Investment Director, Rathbones (Cambridge)

Australian real estate millionaire Tim Gurner came under fire when he advised millennials struggling to climb onto the housing ladder to stop buying fancy toast and overpriced coffee. He was berated around the world and rightly so.

Let’s get one thing straight: millennials are not frittering away their future pensions on avocado and kombucha.

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ontrary to the myth, those aged between 25-34 in the UK spend less relative to 55 - 64-year-olds than at any time since at least the 1960s. So, it was the baby boomers who ate more prawn cocktails and drank more cappuccinos. In 2001, the two age groups had the same after-housing expenditure, but by 2014, the younger generation was spending 15% less.

We think this stereotyping may have been caused by a mix-up between consuming more conspicuously and consuming more.

Ipsos Mori found that millennials have a taste for the finer things and place greater importance on owning expensive goods than previous generations. But in reality, such purchases are made infrequently.

saving. This generation is also less likely to be in possession of a secure, full-time contract.

Millennials aren’t the only ill-prepared generation. The finances of their predecessors, Generation X, aren’t in good shape either. According to the Center for Retirement Research, in the 1980s, almost a third of US households were at risk of retiring with inadequate income. Today, that number is more like 50%.

Let them eat avocado So, don’t dismiss the financial struggles of the young with a callous ‘let them eat avocado’. Through no fault of their own, their future is not going to be easy and their lifestyles may never match those of the baby boomers. The uphill financial battle faced by younger generations may be far more significant than the affordability of exotic fruit.

About Rathbone Investment Management Rathbone Investment Management is one of the UK’s leading providers of high-quality, personalised discretionary investment services. It manages over £47.54 billion* of funds for individuals, charities and trustees, and is part of Rathbone Brothers Plc, an independently owned company with a listing on the London Stock Exchange.

Rising costs, stagnating pay All the talk of fancy lattes and avocado distracts from the actual problem: millennials face tough financial futures. They are only half as likely to own their home by the age of 30 as baby boomers were by the same age. Even if the best economic conditions of recent decades were repeated, millennials would only be catching up with the homeownership rates of their (then 30year old) predecessors by the age of 45.

The problem isn’t just buying a house.

Millennials are paying more for the roof over their heads, whether buying or renting, spending an average of almost a quarter of their income on housing, while baby boomers paid a little over 15% at the same age.

These housing challenges are coupled with stagnating pay packets. 30-year-old millennials are earning less than generation X did at the same age, in inflation-adjusted terms. The stagnation in real pay since the financial crisis, the longest in 150 years, is making it harder for millennials to start

Investment management services are offered in Aberdeen, Birmingham, Bristol, Cambridge, Chichester, Edinburgh, Exeter, Glasgow, Kendal, Liverpool, London, Lymington, Newcastle and Winchester. Offshore investment management services are offered by subsidiary Rathbone Investment Management International in Jersey. *As at 31 March 2019. Includes funds managed by Rathbone Unit Trust Management.

Disclaimer: Rathbone Investment Management Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

Registered office: Port of Liverpool Building, Pier Head, Liverpool L3 1NW. Registered in England No. 1448919. Rathbone Investment Management Limited is part of Rathbone Brothers Plc. Head office: 8 Finsbury Circus, London EC2M 7AZ. Any views and opinions are those of the author, and coverage of any companies must be taken in the context of the article and in no way reflect an investment recommendation.

Past performance should not be seen as an indication of future performance. The value of investments and the income from them may go down as well as up and you may not get back your original investment.

www.cambslawsoc.co.uk | 9

Spotlight feature Simon Davis Law Society Vice President Cath Carter Relationship Management Executive North of England

S

imon is a commercial, litigation Partner at Clifford Chance, a global corporate law firm across five continents. Their UK offices are in London and Newcastle.

For this month’s profile, the Relationship Management Team in the north caught up with Simon Davis, the VicePresident of the Law Society.

His presidency will start in July 2019.

Simon Davis has more than 30 years’ experience in representing financial clients in major commercial and regulatory disputes, often with an international element.

As incoming President in July this year, I asked him how he saw the Law Society in five years’ time?

He sees the society as thriving over the next few years as a voice for the profession, in the public interest. He also sees it as acting as a clearing house to the profession for ideas, expertise and experience.

A further role is as a thought leader and career partner for all areas of the profession in England and Wales, whether in private practice, in-house, local or global.

One of Simon’s key presidential themes is working collaboratively with Local Law Societies. I asked him what three things he felt he could do as President to support Local Law Societies. He told me: • ensure that they are part of one unified network, adding value to our Members in co-ordination with the national Law Society.

• exchange ideas and opportunities.

• promote their existence and value.

Finally, on a lighter note, I asked Simon what character from history he would be and why? He said, Charles Darwin, English naturalist, geologist and biologist, because he led the most extraordinary and influential life.

WHO’S WHO? Ellen Cole I

am a Real Estate solicitor at Top 200 law firm, Greenwoods GRM. I am based in the Cambridge office but regularly travel to our Peterborough and London offices as required.

I joined Greenwoods GRM on qualification in September 2019.

As a newly qualified solicitor I was looking for a varied work load and Ellen Cole a support system of highly qualified Greenwoods GRM professionals that would enable me to develop professionally. In my time here, I am pleased to have found that a commitment to supporting and encouraging everyone was an ethos that the carries through the firm.

Greenwoods GRM gives me the freedom to find my place both individually and technically. This can include specific training and workloads on areas I enjoy and want to expand. This freedom also allows me to pursue external projects like CDLS with the level of commitment and involvement such projects require.

The Real Estate team focuses on delivering practical and prompt solutions to property issues. Team members are adept in combining the highest possible technical skills with a commercial approach.

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A large portion area of my work involves advising landlords and tenants on a mix of commercial property leasing transactions which includes a wide range of property types and values. I also advise on the acquisition and disposal of commercial premises.

Before joining Greenwoods GRM I advised lenders and commercial clients in property finance transactions. I have continued to build on this solid foundation and continue to advise in commercial refinancing matters.

I enjoy that real estate is so tangible. It is an area of law that really comes to life. As a result, I feel very involved and I’m constantly driven to deliver exceptional client service.

I am a member of the Greenwoods GRM Charity Committee and take great pride in supporting such worthy causes including our 2019 Charity of Year Cardiomyopathy UK. I became a member of the CDLS committee in 2019. I look forward to actively helping with events and initiatives moving forward. I’m particularly looking forward to assisting with the 2020 Annual Dinner and awards.

Outside the office I am an avid artist and enjoy making art and music whenever I can.

Skill to Succeed “Open-plan working is an increasingly popular way of optimising space and the working environment, especially when you also consider the cultural benefits, such as driving collaboration,” says Graham. “The workplace of today is very different from that of even 10 years ago. It’s likely to retain some fluidity as the cost and people pieces of strategy continue to converge in future.”

care. “The specific requirements and scale should determine whether it’s a case of buying a new solution or developing something in-house, for example – a system should always be fit for purpose.

Tighten security

However, tech-savviness is only one of the “broader enterprise skills” needed by today’s legal leader, he says. “After all, technical legal advice is now almost taken as read.”

Another point of basic business hygiene in such a time of change is information security – a particular priority for Barclays when it comes to clients, says Graham. “Any business can proactively manage this critical aspect of their business by ensuring that all its people – not just those in finance – are aware of the risk factors involved in cyber fraud. There is a clear potential impact on profitability from something like a piece of malware bringing business disruption – and the bank is very keen to help clients to equip themselves with the knowledge they need.

At a time of great uncertainty, well managed law firms are focused on cost control, creativity and collaboration, says Graham Martin, Director of Professional Services at Barclays.

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aw firms are passing through times of change, possibly without precedent.

Arguably, it’s a good time to redouble efforts on points of business planning that should be more predictable than the macroeconomic picture.

Graham Martin at Barclays, who has worked with law firms for a number of years, says: “Against that uncertain backdrop, almost every business is challenged to plan, to predict and to forecast revenue accurately,” he continues. “So, I think smart law firms are focusing on areas such as cost control and preserving margins, rather than ‘absolute profitability’. They should assess and take action on those aspects of business that are potentially more manageable.” For example, he points to a positive push to improve lockup – while the move to a world of more agile working is another trend clearly tied to the efficiency agenda.

“Technology helps to advance our industries, but also brings elements of heightened risk as we rely on it more.”

He says that Barclays holds a programme of seminars on industry developments with cybersecurity experts, and also publishes thought leadership pieces that collate key learning points to help firms spot common problems.

“Security is also a key agenda item whenever one of our relationship directors sits down with clients for a tailored relationship review.

Technology & Skills He recommends that firms analyse their investments in any new technology with

“Once that decision has been reached, it’s important that senior leaders both embrace the project and drive its implementation.”

Workforce planning and management is another area that could do with some attention. “The ‘right people’ must be doing the ‘right work’ for true productivity to flourish. For example, fee-earning partners need to utilise finance and other support teams to the fullest extent possible, freeing themselves for the highest-value activity, such as new business development and innovation.

“Firms should also establish and cultivate client relationships across multiple touchpoints, from innovation activity to workforce diversity. Instead of one-to-one contact in individual practice or product areas, they must manage to create deeper business relationships and relationship development plans on both sides.”

In times of great uncertainty, it makes even less sense to face your problems or challenges in isolation. From sharing bestpractice insight gained from other sectors on high-risk subjects like cybersecurity, to physically bringing parties together in new neutral spaces for discussing ideas, Barclays is helping firms to collaborate their way to both efficiency and prosperity.

“The firm that successfully fosters a more open, inclusive culture and experience is likely to see the business benefit from more diverse, innovative and positive thinking.” graham martin professional services, barclays

www.cambslawsoc.co.uk | 11

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CJLD Update Spring 2019 Jessica Cherry Trainee Solicitor for Mills & Reeve LLP

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o far this year, we have had our famous annual pub quiz; bowling; wine tasting at Cambridge Wine Merchants, where members tasted six of their best vintages and learnt how to pick the best; and drinks at the Grain and Hop store, followed by a challenging evening at an escape rooms. There are many other events currently being organised, including our annual Ball in conjunction with the Cambridge Young Professionals Group.

Do follow us on social media, or visit our website, for further information!

We have also been working with Wesleyan, a financial advice provider in the Cambridgeshire area, to put on talks for our members that would be of help and interest to young professionals. In March we had a talk on Financial Planning for Junior Lawyers. Soon, we will be holding an event with Errington Legal, a legal recruitment agency in the area.

CJLD saw the arrival of a new committee in January, eager to take the reins and organise exciting events for our members.

Our charity of the year is Cambridge Rape Crisis Centre, and in April they held a quiz night at a local school. We look forward to being able to raise more money for them through the events we are holding.

CJLD events create opportunities to make friends and have fun by bringing together junior lawyers, young professionals, and students. If you are a Trainee, Legal Executive, Paralegal, NQ or Law student in Cambridgeshire we hope you will join us. If you would like to find out more about the CJLD or wish to become a member, please do not hesitate to contact us at cambsjld@ gmail.com. We look

forward to seeing you at our events soon.

For detailed updates of upcoming events, please visit our website at https://cambsjld. org.uk, or check out our new social media Twitter - @CambsJLD, Facebook - cambsjld, LinkedIn – Cambridgeshire Junior Lawyers Division, and Instagram - @cambsjld.

CYPG Spring/Summer Update 2019 is now in full flow with our biggest intake of members to date.

Charmaine Rolfe Co-Chairman of CYPG

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he year started with bang. Our January Curry Night event, held at Rajbelash on Hills Road, achieved a high attendance of over 70 people. At this event, we also provided our members ballot papers to vote on our chosen charity for 2019. The candidates had been nominated by our members at the end of 2018. Addenbrookes Charitable Trust (ACT) received the highest number of votes to become our chosen charity of the year. ACT is the only registered charity that is fully dedicated to supporting innovation in patient care across Cambridge University Hospitals NHS Foundation Trust and we’re very excited to be supporting them this year.

Our second event of the year was the Comedy Night, held at the end of February, where we were able to provide tables for

our attendees at the Junction’s Jesterlarf Comedy Club.

In March saw the return of our ever popular Cocktail Making Evening which we hosted at Revolution. Attendees had the chance to assist with demonstrations put on by the bar staff. They were able to try their hand at making their cocktail of choice behind the bar. Attendees also worked in groups to invent their very own cocktails.

They were able to choose everything from the ingredients to the glass decorations and then pitched these to the bar staff in an “Apprentice” fashion.

Our Culinary Night, held in April at Botanic House, was a fun-filled event where Crucial Cuisine put on canape creating session.

Attendees had to observe, taste and attempt to recreate canapes put to them by Gareth and his team. Following these experiments, we all enjoyed the delicious food prepared by the Crucial Cuisine team. This event has

always been popular and over the years Gareth has introduced CYPG to various cuisines and has shared techniques from sausage making to burger sliders. We cannot wait for what ideas he'll have for next year!

In the coming summer months we will be hosting our summer barbeque, the picnic and games event in the park and our punting event so watch this space!

As always, we will be collaborating with the Cambridge Junior Lawyers Division to host our annual Charity Ball in September.

Tickets for this will go on sale in the not too distant future so make sure you are signed up to our mailing list in readiness.

Our half-year membership will be available from 1st July to the end of the year. For those of you, who wish to become a member of CYPG for the rest of the year, please contact our Membership Secretary Danni Belbin on Danni.Belbin@mills-reeve.com. www.cambslawsoc.co.uk | 13

Annual Gala Dinner and Legal Excellence Awards 2019 Report

Chris Claxton-Shirley Solicitor Tees Law

Thank you to all of you who attended our annual dinner and excellence awards at Trinity Hall College on Friday 22nd March 2019. The evening began in the Aula Bar with a drinks reception followed by the annual dinner and excellence awards.

Welcome to Michael Frape our new President

Charitable work - Homes for the Homeless We have selected Homes for the Homeless as our charity of the year. Homes for the Homeless offer training flats to rough sleepers and 24/7 support in health, welfare and training to help them get back on their feet. The charity aims is to reduce the number of rough sleepers on the streets of Cambridge, and increase the number of training flats available.

The out-going President, Dr Karl Dembicki, thanked the Committee and its members for all of the valuable work which had been undertaken in the last Committee Year.

We were delighted to welcome Neil Whiteside, one of their trustees, who gave a speech about their work to combat homelessness across Cambridge.

Our new president, Michael Frape of Ashtons Legal, formally accepted the presidency for the next year at the annual dinner, attended by Paul Tennant, (Chief Executive of the Law Society of England & Wales), members of the judiciary and more than 120 legal professionals.

In his acceptance speech, Michael talked about how he is looking forward to embracing the challenges ahead - and increasing the role which the committee play in representing the views of our committee members. A key theme is to make the committee more relevant and accessible for all. I am sure you will join me in wishing Michael all the very best for the next year.

Thanks to all who supported the charity by purchasing raffle tickets at the dinner. Prizes included Trinity Hall Gin, Trinity Hall Port, Champagne, Malt Whiskey and Trinity Hall red and white wine. The raffle raised £1,120 for the charity and we hope that our lucky winners enjoyed their prizes! There will be more opportunities throughout the year to get involved and help raise funds and awareness for this excellent cause.

 The judging panel were extremely impressed with the quality of the applications.

Many thanks to our sponsors Rathbones, Barclays Corporate, ARAG, Ensors, Geodesys, Handelsbanken, Fenners Chambers, Currency Index and Nelson Chambers for their generous support.

A special thank you to Penny Harrington for her sterling efforts in organising the dinner and the awards, as well as all other events which take place throughout the committee year.

We look forward to seeing you all at the next annual dinner which is set to be even better!

Chris Claxton-Shirley Tees Law

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Excellence Awards 2019 winners We are delighted to announce the winners of our Excellence Awards. Many, many congratulations to all of the nominees and to those of you who were short-listed. This year we saw a huge number of nominations and the competition across the categories was very high. The judging panel were extremely impressed with the quality of the applications.

The winners are as follows:

Excellence in Client Service Birketts LLP

Excellence in Learning and Development Hewitsons LLP – Absolute Career Focus

Excellence in Pro Bono Anglia Ruskin University – Anglia Law School Law Clinic

Commercial Property Team of the Year Birketts LLP

Injury Team of the Year Ashtons Legal

Trainee Lawyer of the Year Kirsten Tinline Howes Percival LLP

Junior Lawyer of the Year Emma Watton Mills & Reeve LLP

Woman Lawyer of the Year Janine Collier Tees Law

www.cambslawsoc.co.uk | 15

The professionals' guide to finding talent in the legal sector Michael McGaw Nelson Chambers

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aw firms often talk about a war for talent, Michael McGaw a director at legal recruitment consultancy Nelson Chambers, discusses some of the ways firms can attract the right candidates.

Is there a shortage of skills in the legal industry?

In a feature for RBS, Michael McGaw, Director of Nelson Chambers, discusses some of the ways firms can attract the right candidates.

What other attributes are firms seeking in candidates?

Outside of a very, black and white technical level of expertise across technology, law, and anything else in a professional environment, what people are most interested in now, is: Does this person fit with my team? Do they have the right attitude? Where do they want to be in five years?

There is not necessarily a shortage of skills.

The reality is there are lots of firms looking All of that softer side of the skill spectrum for the same thing. The problem is they’re is a lot more important than it would have all looking in the same way and the same been six or seven years ago. People want to place. The pool in which they fish is full of employ someone who will stay. Currently, other firms and other recruiters; and when people don't tend to stay in jobs any more they engage somebody from that pool, the than four years. Whereas for previous candidate is speaking to four or five other generations it was maybe firms. So that’s where there is twice that. a war for talent.

When you offer

somebody a job,

And what's going to make All these candidates are there's a basic them stay, is their personality proactive in the market, are salary, a pension, and if the organisation prospecting their candidacy to and tangible fits with the direction the as many people who will look benefits, but the candidates going in from a at it. They may already have personal career point of view. left their current position. The stuff that isn't firms who successfully recruit tangible is of equal within a very stringent set of We do a personality profile importance. timescales are doing the best for a lot of our candidates, thing, which is to use proactive and it gives us something we headhunting measures and to engage a can share with the client in the early stages candidate on that basis. of the process to help sift out anyone who doesn't fit their dynamic of the firm.

There probably isn’t a shortage at any level. If you’re only looking in 10% of the Some candidates are very driven and market place, you’re only going to find 10% motivated to climb the management ladder, of the candidates, but the legal market is which is excellent. But others are happy enormous. And at an entry-level, the same doing what they're doing. They're not career volume of candidates comes through the orientated; all they want to do is practice system every year. law. They don't want to become a partner and have all the extra remuneration and Are more technology skills sought extra hassle that goes with that.

after in law firms right now?

It depends on the firm. If you look at a traditional law firm, then the need for technology is probably less than some of the more modern, dynamic law firms that do embrace technology. But those firms with ageing partners who have worked their career doing certain things a certain way may have to embrace that technology or get left behind.

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Are you seeing more people in the industry who are content not to seek out management positions?

Absolutely. And any firm that isn't recognising the work-life balance and putting measures in place, such as options to work from home, flexible working hours etc. they're going to be left behind if they

haven't already. Some of the biggest firms in the country are doing that. Some won't, and don't want to, but on the whole, that is a huge part of a candidate’s consideration.

When you offer somebody a job, there's a basic salary, a pension, and tangible benefits, but the stuff that isn't tangible is of equal importance. I've seen people who've had two offers on the table, and they've accepted the one that's ten grand less so that they can have the flexibility in their life.

What role does inclusion and diversity play in attracting candidates?

Something we always say to candidates when they go to interview is: bring live examples of your success rather than saying I have done this, or I have done that. And that is the same for employers. When a firm says to a candidate that they offer excellent progression no matter who you are, or what you are. It helps to have a case study in your business that demonstrates that. That's something we would always ask.

Nelson Chambers has established itself as one of the UK’s dedicated Private Practice employment consultancies, achieving this through an excellent understanding of the market space From Magic Circle, mid-sizers, through to boutiques, we have relationships with nearly every firm in our core operating markets.

We continue to develop our UKwide reach, and as such place a high importance on securing the best recruitment talent on the market.

If you would like to discuss your career options further please contact Michael McGaw on 01702 410415 or email michael.mcgaw@nelson-chambers.com

Birth Injuries, Paternal Depression and Secondary Victim Claims Hector N. Stamboulieh (APIL Fellow) In-House Counsel ARAG plc

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hen we talk about post-natal depression, we often think of mothers. This is a fair assumption as apparently 1 in 5 women develop mental health problems during pregnancy or in the first year after childbirth. However, we know that dads can suffer from post-natal depression too. Mental health does not discriminate, and all members of a family can be affected by a psychologically harmful event.

Facts • In the 2013/2014 National Childbirth Trust research, a staggering 38% of firsttime fathers in the UK said that they were concerned about their mental health.

This includes 10% of first-time fathers that experienced post-natal depression, sometimes called ‘paternal depression’.

• Fathers appear to be more likely to suffer from depression three to six months after their baby is born as opposed to immediately after birth.

• In the UK, all women are screened for depression in their early antenatal check-ups and postnatal visits. There is no corresponding NICE guideline for men.

Paternal Depression following a Birth Injury In negligent child birth injuries, parents often suffer some form of emotional trauma which could have been avoidable in any case. However, poor treatment for the mother and a lack of information and

I recently read a very interesting article by Chantelle Bacchus in the PI Brief Update Law Journal on post-natal depression and how it affects fathers, which I will refer to and summarise below. influence for the father can lead to or worsen a psychiatric injury. Experiences like this can trigger depression, anxiety, PTSD, adjustment disorder etc.

It is reported, some Dads can feel ‘helpless’ and ‘powerless’. They witness every moment of a horrifying event and they are unable to influence the outcome. They rely on medical staff to keep them involved and updated.

However, when things go wrong and emergency care needs to be administered to their partner, fathers can feel invisible during the birth of their own child.

The Law – Secondary Victim Claims When a father experiences psychiatric injury, he can potentially bring a claim as a ‘secondary victim’. By definition, a “secondary victim” is someone who, when witnessing an incident, suffers injury consequential upon the injury, or fear of injury, to a “primary victim”. A “primary victim” will often be the mother and the child.

In order to succeed in a claim as a secondary victim, these fathers need to prove that: • The primary victim suffered negligence; • That there is a relationship of love and affection with the primary victim; • That they (the secondary victim) have come across the 'immediate aftermath’ of the event; • That the event was (a) exceptional; and (b) sudden; and (c) horrifying;

• That they have experienced the harm to the primary victim with their own unaided senses; and • That the psychiatric illness suffered by the secondary victim was reasonably foreseeable i.e. that the secondary victim was not more prone to harm than the next person.

Examples of traumatic events might include: • Sudden change in condition of mother e.g. pain, bleeding, consciousness; • Baby being born in poor condition e.g. injured, not breathing, floppy, blue; • Baby requiring resuscitation; • Panic/hysteria by medical staff; • Death of mother or child.

Of course, this list is not exhaustive and witnessing these events may affect each person differently.

As you can see from the criteria above, the bar is high, with a number of hoops for the Father to jump through. This has been reinforced by recent cases. Accordingly, the number of successful claims for such secondary victims is low as these claims can be hard to win.

When things go wrong, ARAG plc can provide After the Event legal expenses insurance to support such secondary victim claims, where there are reasonable prospects of success. Ideally though, what we would hope to see are hospitals providing proper support to all, not just strict care for the patient. More needs to be done to try to prevent people from suffering more harm than necessary on hospital wards. Keeping them sensitively managed and fully briefed and informed before, during and after the birth is a good start. This should be within the capabilities of the NHS and if not, required funds should be provided, as the alternative benefits neither the victim or the NHS. www.cambslawsoc.co.uk | 17

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Some Drainage and Water reports simply infer answers from the proximity of the pipes nearby, rather than checking the billing and connectivity data that the water company holds. Or they can ignore water company data, such as the information on whether a property is at increased risk of internal flooding. The lack of an answer to this question is often covered by insurance in some reports.

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The lender Lenders need to focus on property risk as well as applicant risk – and a key concern is drainage and water. The CON29DW answers all 23 drainage and water questions from the Law Society, covering areas such as connections, pipe and drain locations, and risk of internal flooding.

Other reports can infer and ignore answers, using insurance to cover the risk.

The conveyancer If a less than full picture of the property leads to drainage or water issues, a law firm’s PI insurance usually covers any remedial work – but it can’t cover the time and effort required, nor any damage to reputation. Plus the homeowner may have to carry out costly work in the future.

The CON29DW from Geodesys offers the following key features: • a crystal-clear front-page customer dashboard • clear identification of potential issues • easy-to-use interactive navigation • two formats: interactive PDF and usual print format • thorough information on drainage and water legislation • a ‘plain English’ guide • a modern design created by industry

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Key characteristics of highly successful Law firms

By Fiona Hotston Moore partner, Ensors Chartered Accountants

Selecting a leader for the firm All too often the Managing Partner is appointed from within the partnership and the individual endeavours to combine their client work with managing the firm, being reluctant to give up their clients as the Managing Partner’s role is usually a fixed term.

There is a bigger problem with this practice in that partners in professional firms are not necessarily effective leaders, tending to assume that as they advise clients on business matters they have the necessary traits to lead their own practices. The most successful practices have a leader who was recruited externally and devotes most, if not all, their time to management and leadership.

The best place to work Not necessarily the best paying employer nor the “nicest” place to work. The most successful firms are those that have a culture of developing their team members, recruit at all levels based on potential and personality and set clear goals as to what is required. Poor performance is dealt with and good performance is recognised. The culture is high performing whilst fun and the importance of mental health is recognised.

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Business strategy and differentiation Every law firm, whatever the size, must have a clear business proposition and market and, once agreed, there must be no distractions.

Consistency of message and behaviours is key. The brand values of the firm and its partners must be clear to both the team and the external market.

Putting clients first Successful firms are those that set measurable client expectations as to the service they offer and meet and exceed expectations. Great client service is a key differentiator, moving away from price, but it must be measured by regular client surveys.

Clients belong to the Firm and not the Lawyer To achieve this partner rewards should be based upon client satisfaction, quality of work and development of the team and firm rather than chargeable hours.

Embrace technology It will improve client service, client relationships and business development.

Substantial amounts of time are spent on Information Technology but, all too

often, the technology does not deliver the expected results.

Contribution to the local community Lawyers, teams and clients are enthused and engaged by the opportunity to work together for a greater cause whether this be a charity or the local community. Embracing the wider cause rather than the Managing Partner’s “pet” charity.

Embrace your Alumni Partners and staff who leave the firm should not be shunned but rather embraced as they can be the greatest supporters and referrers of work.

In conclusion, the successful firm must encompass all the above and will need to recognise that these organisational traits must become part of the firm’s DNA.

Fiona Hotston Moore T: 07770 642 491 E: Fiona.hotstonmoore@ensors.co.uk www.ensors.co.uk/for-law-soc/

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Is Your Legal Software Ready to Remain Compliant in 2019?

The legal software market is amidst a period of change and consolidation. Previously, most Law Technology suppliers tended to be owner-managed businesses. However, today’s landscape is very different, with a good number being bought up by larger Venture Capitalist-backed businesses looking to consolidate the market and drive product development with greater access to new technology. This focus on a dramatically reduced number of ‘go-forward’ products has created inevitable threats to existing solutions in use across many firms.

While older products may be supported by suppliers in the short term, many won’t receive the active development needed to keep pace with industry changes and could be ‘end-of-lifed’ in the future. Users therefore risk either not being totally compliant or will have to employ work-arounds to make them both function and comply.

Making Tax Digital More change is fast-approaching and increasing the pressure on firms to digitise to meet regulations. For example, HMRC’s Making Tax Digital (MTD) initiative which launched in April 2019, is set to make fundamental changes to the tax system.

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MTD requires firms to record and report their VAT transactions digitally. Firms must therefore have suitable software in place that can record all VAT transactions and submit the data to HMRC via a new Application Programming Interface.

With paper only records no longer acceptable, solutions must be both capable of recording all transactions digitally and communicating directly with HMRC’s systems. Firms should therefore check the status of their systems, ensuring they have the controls to maintain an efficient and compliant operation.

Staying compliant The investment from software suppliers in ‘goforward’ products could result in the products already in use by firms no longer being supported and in many cases, ‘end of lifed’ or ‘sunsetted’. Those that don’t ask questions of their providers therefore risk breaching legislation or incurring higher fees.

For example, a firm’s existing supplier could request that they change to an alternative system, which could come at a large expense to the business. Alternatively, keeping the existing system could mean that they simply won’t be compliant from the moment any new legislation takes effect, or are forced into buying expensive “add on” products which have a limited life span and are cumbersome to implement and use.

The process of implementing and migrating data to another software system could also be overlooked.

Data migration takes considerable time and resources to make sure it’s done right. Leaving this close to regulatory deadlines or incomplete before systems cease could force firms to accept high renewal or migration fees, or even a lengthy agreement on a solution they aren’t fully satisfied with.

Taking active precautions, such as asking suppliers about the state of existing software or seeking advice from legal IT experts will help firm managers to make early decisions about the best course of action when faced with potentially outdated or noncompliant products. Taking these steps now could help firms to reap the benefits of providers which offer fast migration with full support and expertise, giving their practice maximum compliance and longevity and allowing them to thrive in an increasingly digital sector.

Tim Smith Technical Director at Insight Legal Software Ltd To discuss this topic further or the services we can offer, please give us a call on 01252 518939, email us at info@insightlegal.co.uk or visit our website; www.insightlegal.co.uk

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Experts and their evidence: some recent guidance

By Thomas Crockett, Hailsham Chambers This year is almost halfway through but there have already been a number of interesting first instance decisions which should be of interest to any litigator involved with the use of expert witnesses.

It is clear that the authors of these judgments have sought to provide some sound practical guidance.

I shall attempt to distil this into five things to think about, when discussing these authorities and others of no more than about a year’s vintage.

1. Failures by experts to adhere to the orders of the Court could have dire consequences The judgment of Mr Justice Males in Mayr & Ors v CMS Cameron McKenna Nabarro Olswang LLP [2018] EWHC 3669 (Comm) is one which caused quite a stir amongst litigators when it was published at the end of January 2019.

Here, the Court effectively struck out large portions of the Claimants’ case (said to be worth several hundred million Euros) without peremptory order or warnings (i.e. no ‘unless order’). When this issue was raised by counsel for the Claimants, Males J held that “…a party is not entitled to disregard the rules, secure in the knowledge that until an unless order is made it will always get a second chance”!

This matter came before the Court on 14 December 2018 ahead of trial due to commence on 22 January 2019. It was argued by the Defendant that Professor Kilgallon, the Claimants’ expert for the Turkish pharmaceutical industry, had failed to properly engage with his opposite number pursuant to the Court’s order for a joint meeting and a joint report ahead of trial.

There was no application for relief from sanctions and no solution to the reality of the situation proposed by the Claimants which found favour with the Court. It was held: “13. …When an expert fails lamentably to comply with that order the whole procedure for further expert evidence in the case is thrown into disarray.

The purpose of the supplemental reports is to enable the experts to comment on and express their further views upon the points 2 on which they remain in disagreement, having had the benefit of a proper experts’ discussion at which they can properly understand the point of view of the opposing expert.

14. That has simply not happened in this case. It is impossible for the Defendant’s expert to say anything further in a supplemental report until he knows what Professor Kilgallon has to say about the matters on which he has expressed his opinion.

16. It seems to me that the position is that the Claimants have failed to comply with the terms on which they were given permission to adduce evidence of the Turkish pharmaceutical industry in this case.

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The burden is on them to provide a workable solution which they have not done. It is for them too to apply for relief from sanctions. Again, they have not done so.

They would need, if they were to do so, to give a proper explanation of why it is that Professor Kilgallon has taken this approach on not one but two occasions. He must have been told, he certainly should have been told after the LMM expert memorandum was produced, that this was not an acceptable way to proceed.

17. The order which I make therefore is that as matters stand the Claimants do not have permission to adduce evidence of the Turkish pharmaceutical industry at the trial. The burden will be on them to come forward, as I have said, with a proper and acceptable procedure which will include a proper joint meeting and will meet the criteria of relief from sanctions if they wish to pursue this evidence. If they have simply left it too late to do so in an acceptable way then that is something for which they must take the consequences.”

The consequence of Males J’s ruling was dire in that the Claimant had no evidence upon which to prove substantial portions of their case as to quantum.

The lesson is that it should be anticipated that Courts will hold litigants responsible for failures by their experts who must be required to comply with the orders of the Court, probably particularly in relation to the production of so crucial a document as a joint report following a meeting. Close and active management of experts would seem prudent to ensure compliance. In default of this, the party needing to seek relief would be advised to do so promptly and put forward practical suggestions as to how to proceed without jeopardising any trial date whilst allowing such expert evidence to be timeously adduced with reasonable time for it to be considered.

2. Every effort should be made to cooperate to agree concise agendas for experts’ joint meetings In Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB), the Claimant’s claim for damages in respect of an iatrogenic injury was dismissed on the basis of the expert evidence.

Mrs Justice Yip in her judgment made specific comment as to the Parties’ expert colorectal surgeons’ joint reports which were produced following the inability of the Parties’ legal teams to agree a joint agenda for discussion. As a result, at trial the Court was presented with a joint report of more than 60 pages, containing repetitive questions.

The Court pointed out that this approach did little to further the objective enshrined in paragraph 9.2 of the Practice Direction to CPR 35 “to agree and narrow issues”. It was held that “Parties should adopt a common sense and collaborative approach rather than allowing this stage of the litigation to become a battleground” and commented that “perhaps greater input from Counsel may have assisted”.

A few months later, Yip J again came across the same

problem when trying the clinical negligence case of Welsh v Walsall Healthcare NHS Trust [2018] EWHC 1917 (QB). Again, the joint statements were “not as useful as they might have been. The difficulty was caused by the inability of the parties to agree a single agenda for the experts’ consideration”.

Expressing certain exasperation to once again be coming across this issue and seeking an explanation, the Court was referred to paragraph 13 of the model order which states: “… solicitors shall use their best endeavours to agree the Agenda. ... In default of agreement, both versions shall be considered at the discussions. …”.

The learned judge proffered some guidance as to the proper interpretation of this at paragraph 36 of her judgment: “36. It was suggested that the form of the model order encourages more than one agenda to be sent to the experts. I cannot agree with this. The standard direction makes it clear that the solicitors are required to do their best to agree a single agenda. In the vast majority of cases, any disagreement ought to be capable of resolution through a bit of give and take.

It may be appropriate to insert some additional questions into the draft at the Defendant’s request.

It certainly should not become routine to provide two versions which, as here, travel over much of the same ground. That approach tests the 4 patience of the experts (and frankly of the Court); produces a lengthier joint statement; potentially increases costs and is simply not the best way to focus on the issues. I do not think that anything further needs to be said or done in this case. However, if this worrying trend continues, parties may find that Courts begin considering costs consequences.”

These dicta are likely to be of some use in justifying the use of counsel or indeed more senior fee earner time at this stage and the allowance for the same at the costs budgeting stage. It is also likely to be a useful authority for a party seeking to encourage the cooperation of their opposite number when seeking to agree agendas.

An issue-based costs order is certainly possible, should such an attempt meet with intransigence 3. Think hard before seeking to restrict the scope of an opponent’s expert evidence rather than leaving the matter for trial The case of Moylett v Geldoff & Anor [2018] EWHC 893 (Ch) was an intellectual property matter litigated between members of the Boomtown Rats about the authorship and copyright of the hit ‘I don’t like Mondays’.

In this case, the first Defendant applied to strike out parts of the Claimant's expert dealing with the significant issue in the case, namely whether the music was more likely to have been composed on a guitar or a piano. It was argued that the Claimant’s report was objectionable as it contained opinions from professional guitarists, for which permission had not previously been granted and further went beyond

what was permissible by expressing an opinion on the ultimate question in the proceedings.

expert evidence obtained but upon which the party had no permission to rely.

Mrs Justice Carr gave judgment on 14 March 2018.

In relation to the first issue, she held that she should apply the ratio of Rogers v Hoyle [2013] EWHC 1409 (QB) and hold “it is much preferable for the Court, rather than picking through expert reports, seeking to excise individual sentences and engaging in an editing exercise, to allow the trial judge to consider the report in its entirety, assuming that it is genuine expert evidence, and to attach such weight as it sees fit at the trial to those passages in the report.” In the instant case, she held that the Claimant’s expert had been entitled to rely upon professional guitarists and was obliged to set out that he had done so in his report.

It was held that although one paragraph was on the margins of admissibility, in the context of the whole report, the expert was forming his own view based on what had been demonstrated to him and not pursuant to any 5 suggestion that the professional guitarists themselves were providing expert opinion upon which anything turned.

The Courts are understandably and properly keen to stress the need for proportionality, expedition and proactivity in the prosecution of claims. No doubt with this in mind, when the Claimant party in this case read in the report of its neurologist (in respect of which permission had been obtained) that the report of a neurosurgeon was required. The same was obtained and sent to the already instructed experts for comment.

As to the second question, Carr J was forthright in holding that this expert be allowed to express himself as he wished to and the weight to be placed upon such evidence be a matter for the trial judge. Insofar as it dealt with whether the music was more likely to have been composed on a guitar or a piano it was admissible evidence and might well be the subject of expert opinion in reply.

This appears a harsh judgment and open to criticism from the perspective of the Claimant’s solicitors. They no doubt would have felt their client exposed by not having obtained evidence recommended by another expert, if only to assist in providing a diagnosis and prognosis by eliminating a neurosurgical aetiology.

This case however serves as a stark reminder that the exercise of a Court’s discretion as to expert evidence should not be taken for granted and to do so is liable to lead to costs being wasted. This must be a risk for lawyers to consider and clients and insurers to be warned about.

Mrs Justice Moulder made a similar ruling in A v B [2019] EWHC 275 (Comm) in a judgment published on 15 February 2019. Here, in a case where the Defendant challenged the Claimant’s claim for an arbitral award, the Defendant took issue with parts of an expert’s report. These parts of the report purported to deal with questions of construction or the application of the law to the facts – these in part were said to cut across arguments which the Defendant would wish to make at a hearing listed for March 2019. The Defendant sought to distinguish and limit the scope of Rogers on the basis that this can be distinguished from a report about applicable foreign law. This submission was rejected with Moulder J holding that the Court of Appeal’s guidance was of general application. She held that the arguments run by the Defendant should properly be made before the judge at the March hearing and to determine the matter now would be an undesirable pre-emption.

Rogers remains of general application. Unless so obviously or grossly inappropriate that it should not be permitted to form the basis of a party’s case at trial, the Courts should allow such expert evidence as a party wishes to adduce and leave the questions of admissibility and ultimately credibility and weight to the trial judge.

4. Beware of pre-emptively obtaining and utilising expert evidence for which permission has yet to be given On an application from the Claimant for permission to rely on a report from a neurosurgeon in the clinical negligence case of Hall v Derby Teaching Hospitals NHS Foundation Trust [2018] EWHC 3276 (QB), Master Thornett, with unabashed frustration at the manner in which various aspects of this case had been presented over two hearings, emphasised the risks of presumptive steps being taken by a party in respect of

This neurosurgical opinion did not support any causal link relevant to the injuries in this case. The neurosurgeon considered the Claimant’s ongoing symptoms to be related to a psychiatric reaction. The Court thus assessed that his evidence when viewed in isolation was limited to whether the Claimant may require certain future treatment which was a minor aspect of the Claimant’s claim. Permission to rely upon this evidence was thus refused. The Claimant was put to the expense of having to excise all reference to that evidence in the addenda reports of her other experts.

The more liberal approach taken on the facts of Mays (a Protected Party by the Official Solicitor) v Drive Force (UK) Ltd [2019] EWHC 5 (QB) by Deputy Master Hill QC on 4 January 2019, however, shows us the specific nature of the judgment as to which experts a party would be advised to instruct.

This was a high value personal injury case in which the Claimant had sustained traumatic brain injuries and orthopaedic injury pursuant to an accident at work. As a result, he lacked litigation capacity and was unable to return to paid employment. The Defendant argued that the Claimant’s life-expectancy by reason of his preexisting co-morbidities (smoking, hypertension, obesity, colitis) was an important factor in the case and sought permission to rely on expert evidence as to the same.

This was opposed by the Claimant.

The Deputy Master allowed the application on the grounds that this was an appropriate case for such free-standing statistical life expectancy evidence.

The fact that the value of the case was high and such evidence could make a significant impact upon quantum was taken into account, as was the existing 7 neurologist experts’ inability to address all the factors potentially pertaining to life expectancy absent the index accident.

The Court emphasised that this would not lead to the opening of any floodgates for the instruction of such experts. It is however difficult to deny the utility (probably mostly to Defendant parties) in obtaining such statistical evidence in any case where there is a substantial lifetime claim for damages, such as for care, accommodation or services, where the claiming

party had some co-morbidity known to downwardly affect life expectancy and where this is not wholly addressed by other experts.

5. Imposing retrospective conditions upon reliance upon expert evidence is likely to be very difficult The case of Bowman v Thompson (2019) (unreported, QBD, Dingemans J, 21 January 2019) concerned a situation probably familiar to many of those involved in litigation where expert evidence is prevalent.

This was a clinical negligence claim brought against a general practitioner where it was alleged that the Claimant’s cauda equina syndrome had been mismanaged. The Claimant obtained permission to rely upon the report of a consultant urologist who provided an initial ‘advisory only’ report and then a substantive report following the issuing of the Claim. Thereafter, the Claimant instructed a further urologist expert, having lost confidence in the first expert.

During the course of the disclosure of the latter report, the Defendant discovered the involvement of the earlier expert and sought disclosure of this report.

This was resisted by the Claimant on the grounds of litigation privilege but disclosed the earliest report on a ‘without prejudice basis’.

The Defendant thus made an application to the Court that the Claimant only be allowed to rely upon his served substantive report should he disclose the one not served. This was refused on the basis that the judge held that there was no discretion to impose retrospective conditions on a party’s permission to rely on expert evidence already granted.

Mr Justice Dingemans dismissed the Defendant’s appeal of this decision. He held that there was no vehicle for the retrospective imposition of a condition on existing orders and even if it had been argued that the judge below should have varied the order pursuant to CPR 3.1(7), in the absence of mistake or misstatement, such an exercise of discretion would not have been appropriate.

The lesson from the Court is that the time to seek such a condition as sought by the Defendant in this case (see also Edwards-Tubb v JD Wetherspoon PLC [2011] EWCA Civ 136) was at the permission stage, before which is the time to seek confirmation as to whether any other experts had been instructed by their opposite number. An affirming answer should lead to the seeking of an order conditional upon the disclosure of the earlier evidence. A negative answer should be reassuring if correct and if not, potentially grounds for a Court to exercise a discretion to vary under CPR 3.1(7).

Thomas Crockett Hailsham Chambers, March 2019 Thomas is a barrister practising from Hailsham Chambers. Now in his tenth year of call, he specialises in medical negligence, professional negligence and personal injury law.

Disclaimer This article is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted. www.cambslawsoc.co.uk | 25

the hampden consultancy Building services (mechanical & electrical) consulting engineers Expert witnesses / Expert advisers / Expert assessors

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ince 1993 we have specialised in assisting clients in resolving technical and contractual problems with respect to mechanical & electrical engineering services that can (and often do!) occur on many construction projects, whether during the pre-contract or construction phases, or indeed post-contract.

As such we have been retained either as expert advisers, party-appointed experts or as single joint experts in respect to disputes between building owners/end-users & their contractors or between contractors & their subcontractors concerning technical and/or contractual aspects related to mechanical & electrical engineering services. We have also acted for clients in issues involving professional negligence of M&E consulting engineers.

Please call Bob Swayne EngTech AMIHEEM for an initial discussion without obligation on 01494868868 or 07768497005 or visit our website on www.thehampdenconsultancy.com for more details.

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Wales and Scotland are Seeing Fastest Growth in Charitable Bequests Charities in Wales and Scotland are seeing faster income growth from gifts in Wills than other parts of the UK according to a new research report published by the 200-strong charity coalition Remember A Charity.

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he UK Legacy Fundraising Market 2019 summarises income from gifts in Wills to the nation’s top legacy-earning fundraising charities, exploring the impact of the recession and subsequent economic recovery.

Rob Cope Director Remember A Charity

While charities across the UK have seen legacy income growth of 10% over the past decade, the smaller markets of Wales and Scotland have risen by 23% and 35% respectively. Health charities receive the largest share of donations, but the market is diversifying with many smaller and communitybased organisations now being named in Wills. Overseas aid, environmental and services charities are increasing their space in the market, while those in the religious and social care fields are losing ground.

Rob Cope, director of Remember A

Charity, says: “Charitable bequests are often linked with the largest household name charities, but the market is growing and changing with non-profit organisations of all sizes and causes coming to the table.

For many of these charities and their beneficiaries, a legacy gift can be completely transformational.”

Importance of legacy giving Underlining the importance of bequests to charities across the country, the research finds that legacies now account for 28% of the UK’s voluntary donations.

For the top 1,100 fundraising charities alone, this equates to over £2.2 billion of vital charitable funding. For charities such as RNLI, legacies fund 6 in 10 lifeboats continued on page 30 www.cambslawsoc.co.uk | 29

Wales and Scotland are Seeing Fastest Growth in Charitable Bequests

continued from page 29

and a third of Cancer Research UK’s life-saving research.

Charitable bequests are often linked with the largest household name charities, but the market is growing and changing with non-profit organisations of all sizes and causes coming to the table.

Cope adds: “As awareness about legacy giving increases and the professional Willwriting community continues to make their clients available of the option of including a gift in their Will, we’re seeing a longterm increase in the proportion of estates including a charitable gift1.

“There is growing appetite for people to support the good causes they care about long after they are gone. Once supporters understand that gifts in Wills don’t have to be particularly large and can fit around their wishes to look after family and friends, a charitable bequest can be a surprisingly easy and efficient way to give.”

Currently, one in six probated estates include a charitable gift, but with the latest consumer tracking poll indicating that four in ten of the over 40s would like to do so, Remember A Charity believes there is

significant potential for further growth.

Challenges of a post-Brexit world Legacy income patterns tend to mirror the shape of the economy and reflect the number of estates going through probate.

When property prices increase, inevitably estate and legacy values do too. While the report highlights that the 2008 recession led to a notable fall in income to charities, the market was quick to recover and growth continued in the subsequent years.

Looking to the future, the coalition

Helping others with High Blood Pressure Have you thought of Blood Pressure UK in your Will?

Finding out that you have high blood pressure is traumatic, particularly if you are young.

Most people don’t know anything about the condition and worry about how it will affect themselves and those around them.

But Blood Pressure UK is here to help, and with our information

the blood pressure charity

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30 | www.cambslawsoc.co.uk

packs, range of leaflets and our helpline, we provide reassurance and support to sufferers and their families. But all of this work is expensive and while membership subscriptions and general donations help enormously, leaving a gift in your Will can help us make a bigger difference.

It isn’t complicated as you think, doesn’t have to be a large amount and will give you the reassurance that our work helping fellow sufferers will continue once you have gone.

Obviously, providing for your family and friends comes first, but once that is done please consider a gift to Blood Pressure UK in your Will.

expressed some caution about the years ahead. With the impact of Brexit as yet unknown and a rapidly ageing population facing rising care costs, estate values may well suffer and that could have a considerable impact on the nation’s charities.

Cope adds: “Charities are increasingly reliant on gifts in Wills and although the number of donors is on the rise, we can see that legacy income is being stretched across a broader marketplace. The charity sector is likely to feel that stretch all the more as we deal with the uncertain economic future of a post-Brexit world. It’s vital that charities work collaboratively with the legal sector and government to normalise legacy giving and provide a more stable basis for this vital income stream for the years ahead.”

The proportion of probated estates including a charitable donation increase from 12.2% in 2007 to 15.7% in 2017. (Source: Smee and Ford).

1

We have put together a simple leaflet to guide you through the process and you can get a copy by telephoning: (020) 7882 6255, visiting the website: www.bloodpressureuk.org, or by writing to: Blood Pressure UK, Wolfson Institute, Charterhouse Square, London, EC1M 6BQ.

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Rowan is a Cambridge charity that uses the arts to support vulnerable adults with learning disabilities

Melanoma is the most serious form of skin cancer. 1 in 53 people will be diagnosed with melanoma in their lifetime and it is now the 5th most common cancer in the UK. If you have experienced melanoma yourself or know others who have suffered, you will know how important it is to have hope after a cancer diagnosis.

Melanoma Focus is the UK’s leading melanoma charity, providing grants of up to £100,000 to research projects with the aim of developing new drug treatments and diagnostic methods – enhancing patients’ quality of life and increasing survival rates.

We provide a safe, creative and welcoming environment where we break down issues of social exclusion and improve health and wellbeing.

Please consider leaving Rowan a legacy.

To find out more about Rowan or to discuss any matter regarding legacies please contact: Hetti Wood on 01223 566027 or email hetti@rowanhumberstone.co.uk

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We are unable to offer legal or financial advice, but we are happy to answer your general questions about legacies.

You can help us give hope to patients through advances in research by leaving Melanoma Focus a gift in your will.

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Melanoma Focus, Queen Anne House, Gonville Place, Cambridge, CB1 1ND. Registered Charity No 1224716 We also run a Melanoma Helpline service, develop National Clinical Guidelines and manage the National Melanoma Database in addition to driving melanoma awareness and actively championing patient interests.

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Help make a difference Transform the lives of children who are blind or vision impaired: • Fundraise for us • Leave a legacy • Make a donation

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www.cambslawsoc.co.uk | 31

How Do You Find Out About Care Services for Older People?

Older people, single, having no children, having children, it makes no difference. When a crisis occurs and knowledge about the care sector is needed, the amount of information that people of all ages have is sadly lacking. The result being that when an older member needs care support, the usual situation is that no one knows much about the subject or the practical realities of accessing an appropriate service.

Where and who do you go to for help and information? Social Services both in Social Care and Health are the natural link to information. Many social workers are part time, many have large caseloads and with an increasing number of older people needing care, more social workers are needed. It is a fact that many people seeking information from social services are not given comprehensive information.

The local GP Surgery may offer some local care information but are not usually a resource centre. The emergence of Hubs which contain a range of health professionals and related staff are more likely to be able to offer help and guidance, but these are not nationwide service bases. Depending on where you live, urban or rural, will mean there may or may not be local voluntary organisations that can help and give out helpful information.

Access to the internet can provide a wealth of information. However, knowing where to look, what to look for is not necessarily straightforward. Some telephone helplines are good sources of information, but you have to know who they are and what the number is!

The common phrase ‘You don’t know what you don’t know’ is particularly relevant when seeking practical solutions to a care situation. Why is this?

Unlike trying to persuade people to give up smoking, to exercise, to reduce weight, etc there are no public funded advertisements giving guidance and direction when it comes to the aspects of care for older people. There are no comprehensive, roadmap leaflets in libraries, pharmacies, health centres or resource centres.

Care must be paid for, who pays and who does not, what are the eligibility criteria? Where do you look to find the appropriate care needed? A person needs care, what are their legal rights and who protects them? What questions should you ask a care provider? What should you look for and ask about when visiting a potential care home? What, if any, disability equipment might be needed; what is available and how do I make contact to enquire?

There have been in the past ‘One Stop Shops’ or similar which were information points, but with reducing funding in the sector, these usually had short lives.

What is needed is for a Minister of Aging (akin to the Scottish Minister for Older People and Equalities) to be appointed with specific directions to tackle the problem of an increasing number of older people. Older people and families do have the ability to arrange, procure, ask questions, make decisions about care services but they do need the tools to enable them to do so. This should be a priority, would be cost effective and practical.

Able Community Care offers nationwide Live-in Care Services and we can answer many of your questions about care today. Call us on 01603 764567 or visit our website www.ablecommunitycare.com

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LEAP Legal Software announces major new expansion initiative into the United States LEAP Legal Software, the UK’s leading provider of cloud legal software and automated forms and precedents to small and medium sized law firms, has announced a major new expansion initiative into the United States. LEAP has more than 2,000 firms and 12,000 users using its software in the UK and Republic of Ireland.

PCLaw | Time Matters is a new joint venture operated by LEAP Legal Software, the world’s leading provider of cloud-based legal software to small and medium-sized law firms, and LexisNexis Legal & Professional, part of RELX and a leading global provider of information and analytics.

The new company has taken over the extensive customer list of firms that use PCLaw and Time Matters in the United States, Canada and Australasia.

According to Richard Hugo-Hamman, Executive Chairman of LEAP and now also of PCLaw | Time Matters LLC, “We are first and foremost a legal software company. It is all that we do. We focus all our efforts on providing the highest standards of customer support, and the most innovative and useful software for lawyers and support staff. We help our clients to build great law firms.

We believe that profitable and healthy law firms that ‘help people like us’ in the common areas of law such as family law, real estate, immigration, probate and the like are good for our communities.

Surprisingly many small law firms don’t do well financially. It is our job to give them the tools to do more work with the same number of people and grow the profits of their firms. Our global success has been built on delivering on this promise.

We will immediately start improving the customer support experience for PC Law and Time Matters users with the introduction of our state-of-the-art online support experience built on the Salesforce technology stack that LEAP has used for more than a decade. We are also very aware that the crucially important Certified Independent Consultant (CIC) network is ready for a more focussed and active program to help them better serve their clients. They play a crucially important advisory role to many law firms, and we will make sure that they have all the information they need to provide good informed advice and to help them build their businesses. We think that a strong CIC network, well supported by the JV, will be good for our thousands of customers.

Another advantage that we bring to the table is that we have successfully electronically converted more than 4,000 law firms from desktop/on-premise software into the cloud. Our intellectual property and data transition experience around this change management means that we can help firms through this transition with minimum disruption to day to day operations and delightfully for the lawyers, when they start using LEAP all their familiar data is there for them.

We are very proud to have been chosen to work with LexisNexis to move their loyal clients to the cloud in as smooth and affordable a way as possible, when they choose to.”

Founded in 1992, LEAP has grown to become the first truly 34 | www.cambslawsoc.co.uk

international provider of legal software for small to medium sized law firms. Hugo-Hamman continues: “Our approach is to leverage our core global software with software reflecting deep local knowledge in jurisdiction specific add-ons that allow LEAP to be uniquely familiar to anyone working in that jurisdiction. This means we have on the ground offices and people who will travel to see you and help you get going. We have development teams in each country who add and deliver this deep localisation.

Although we are a cloud company, our business model is based on knowing our customers and the legal environment they work in better than any competitor in the world. There is no substitute for sitting in front of a customer and getting unfiltered feedback. This is how we get the information we need to build great products.”

LEAP began to develop a cloud service offering during the financial crisis of 2008. After nearly five years of significant

investment and product development LEAP began rolling out the cloud version of software to law firms in January 2013.

LEAP has taken clients on a major journey through technology.

LEAP began in 1992 on a Mac platform. Since then LEAP has migrated users from Mac to several versions of Windows and more recently to the cloud. Clients who have stayed on the journey have avoided the disruption and cost of unnecessary change - LEAP has taken care of them.

All LEAP data is stored in AWS in dedicated facilities around the world.

Amazon Web Services is recognised as the world’s leading hosting platform. In June 2017 leading analyst firm Gartner noted that it was "most commonly chosen for strategic, organization wide adoption." In February 2019 technology research firm Canalys listed AWS as the strong market leader for cloud infrastructure, with 32% of the market (in Q4 of 2017) and annual growth running at 46% showing a big corporate move into the cloud.

In the American Bar Association’s Legal Technology Resource Center’s 2018 Legal Technology Survey Report where almost half of the responses were from sole practitioners and small firm lawyers, 55% percent of respondents said they are now using cloud computing technology.

for cloud services, stronger security, robust data backup, recovery and speed of getting up and running are also seen as major benefits of the cloud over on-premise infrastructure.

Unrivalled Track Record LEAP supports more than 8,000 law firms using its software worldwide on a single cloud platform. Over 50% of these firms have undergone a successful data transfer by LEAP to transition to the cloud platform. 3,000 firms started anew with LEAP cloud and kept historical data on premise. This is a common theme, firms wanting to use the installation of LEAP as a “fresh start”, making a clean break from the past and moving forwards into the cloud with the best software available.

As Mariska Lloyd, Global Transitions Manager of LEAP says, “We have the capability of moving firms from PC Law® and Time Matters to LEAP and the track record of doing so. We have never had a complaint about the accuracy of a data and document conversion from PCLaw® or Time Matters to LEAP.” Chris Stock, the newly appointed CEO of PCLaw | Time Matters (and previous CEO of LEAP US) says, “We are delighted to be working with all users of PCLaw® and Time Matters to enhance their technology, enable mobile and remote working, and make firms more secure, efficient and profitable.”

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Solving the back office puzzle Julian Bryan Managing Director Quill

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ou only have to look at our website’s home page to meet the entire series of software and services available from Quill. Users can pick and choose from: Interactive – case management, legal accounts and document management software with in-built risk management functionality; Pinpoint – outsourced legal cashiering service using Interactive; Payroll – outsourced payroll and pension management service; Type – outsourced typing service delivered in association with Document Direct; Precision – outsourced legal cashiering service on any software; and Bookkeeping – outsourced bookkeeping service for all sectors.

True professional ‘cradle to grave’ solutions are difficult to find. It’s rare that suppliers to the legal sector offer everything needed in a modernday law firm’s back office – that’s software to manage accounts, matters and documents, and outsourced services to take over core administration functions. At Quill, however, that’s exactly what we do – provide a single platform that combines the applications and outsourced support required to operate a high-performing legal business.

contemporaries can boast a comparable expansive background. Fewer still can make claims about independent ownership. And even fewer can proffer a total back office product range.

Moving on to our clients, many of our users have been with us from the very beginning.

Their continued loyalty speaks volumes about the close relationships we’ve formed together over a period of four decades and the quality of our various solutions which they use on a day-to-day basis.

But before diving into more detail about our software and services, we’d like you to join us on a mini history tour of Quill in order to show you how this full service provision has come about. You see, we actually first started out in business way back in 1978 – over 40 years ago. Right from these early days, our systems were being designed to help practices avoid unnecessary repetitive paperwork tasks for which the law is renowned.

Browse through our multiplying number of case studies online and you’ll see how our clients wax lyrical about our personable, long-serving employees who are ambassadors for Quill; ethical stance evidenced by multiple accreditations and charitable giving; technologically advanced software that’s won awards; and catalogue of outsourced services which allow them to concentrate on their business-critical responsibilities without distraction.

In the intervening 40-plus years, the legal industry remains our absolute focus, our technology has developed to the current complete cloud-based practice management system it is today, and our offerings have been extended to also include outsourced cashiering, payroll and typing services. 1978 to 2019 has been a truly remarkable journey.

Clients repeatedly tell us that, simply by choosing Quill as their principal business partner, they’re able to become “digital by default”, “compliant to the letter of the CLC Accounts Code”, “free to do what I do”, “a successful, profit-making firm”, “focused on matter management and business development”, “revolutionised”, “100% assured of regulatory compliance”, “more economical and productive [with] use of resources – both human and material”, “able to work flexibly when out of the office”, “committed to the cloud concept” (note: their words, not ours!) and much more besides.

To quote some statistics from the present day: our Interactive software has earned over 7,000 current users; our Pinpoint division posts over 2 million transactions every year; our Payroll team processes over 100,000 payslips annually and last year transferred over £54 million in salaries as an accredited BACS bureau; every other department just keeps growing.

Going back to why Quill’s so unique, our lengthy heritage, privately owned status and one-stop-shop portfolio really set us apart from our competitors. Few of our 38 | www.cambslawsoc.co.uk

Nick Timmings, Partner at Petersfields LLP, perfectly sums up what clients think about Quill: “By relying on Quill for all our main software and service needs, we have one monthly payment, one point of contact and one primary store of our electronic files.

It’s so convenient and so much easier to run our business in this totally integrated way”.

Allan Hunt, Senior Partner at MPP Solicitors, expresses similar sentiments: “[With] Quill we have trusted relationships.

[We use] Payroll as a bolt on to Quill’s Pinpoint service and Interactive software which we already subscribe to. With Quill firmly behind us, our back office operates smoothly and integrates seamlessly.”

By utilising our extensive time-saving, efficiency-enhancing, cost-reducing, security-boosting, compliance-assured products, an ever-growing list of benefits are achieved. Through heavy investment in R&D, we ensure this is the case.

Our ongoing software and service development is a future-proofing promise that, whatever changes and challenges are faced by the legal profession, Quill’s got every client’s back.

We know that not all firms are the same.

Each has differing demands which are best overcome with a differing mixture of software and services. It’s our role to ascertain what this is, thereby providing the proper tools to take control of processes and optimise performance, both now and into the future. We find nothing more satisfying than empowering law firms to do just that.

chevron-circle-right To discover more about Quill,

please visit www.quill.co.uk email info@quill.co.uk or call 0161 236 2910

Julian Bryan joined Quill as Managing Director in 2012 and is also the Chair of the Legal Software Suppliers Association.

Quill has been a leading provider of legal accounting and case management software, and the UK’s largest supplier of outsourced legal cashiering services to the legal profession for over 40 years.

Practice management & accounts software

Outsourced cashiering using Interactive

Outsourced cashiering on any software

Outsourced payroll service

Outsourced bookkeeping service

Outsourced typing service

Don’t puzzle - choose Quill 0845 226 2587 info@quill.co.uk quill.co.uk

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